Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62823 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== Meera Devi Wife of Sumeshwar Jha Resident of Village - Rupauli, P.S.- Runnisaidpur, Distt - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

Petitioner is mother-in-law of the victim of dowry death. Husband of the victim is already in custody. According to FIR, allegation is general and omnibus of demand of dowry and torture for the same which resulted in unnatural death of the victim. The FIR itself supports that when dead body was found catheter was found implanted to allow normal passage of urine. The Annexure to the supplementary affidavit shows that the victim was getting treatment at the hospital for her ailment. The post mortem report reveals that the doctor did not come to the "reason for death" as no external injury was found and viscera was still awaited in this case.

Patna High Court CR. MISC. No.62823 of 2019(3) dt.06-12-2019 2/2 Learned counsel for the informant submits that serious allegation is there of commission of dowry death. Presumption of law is against the petitioner. The doctor has found swelling on neck which shows that some offence was committed against the victim. Considering general and omnibus nature of allegation and the fact that the petitioner is a female aged about 55 years, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Dumra Police Station Case No.

144 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T